FL H0055

Requires consumers to send a written demand letter to motor vehicle dealers at least 30 days before initiating any civil litigation or arbitration under Florida's Deceptive and Unfair Trade Practices Act.

Demand letter must include consumer's name, address, telephone number; dealer's name and address; description of facts; amount of damages claimed; and supporting documents, delivered via USPS or recognized carrier with return receipt requested.

Dealer can avoid litigation by paying the full amount claimed in the demand letter plus a surcharge of the lesser of $500 or 10 percent of damages within 30 days of receipt.

Demand letter expires 30 days after receipt unless renewed and does not limit damages claimable in subsequent litigation; payment is not an admission of liability and is protected from use as evidence.

Applies only to transactions where dealer provided written notice to consumer regarding the demand letter requirement, which must be acknowledged by the consumer; exempts class actions and enforcement authority actions; courts must stay non-compliant litigation until claimant complies; effective July 1, 2013.